Ex-hubby's 'wedding notice' lands Port Blair woman in trouble

KOLKATA: The Calcutta high court 's circuit bench recently directed a Port Blair woman to pay Rs 1 lakh to her husband for defaming him by publishing two notices in a newspaper. She accused him of trying to remarry while his plea for a divorce decree was rejected.


Married in 1994, the husband first moved the trial court in 2005, seeking a divorce on the grounds of cruelty and desertion, and won. This was challenged by the wife in 2008. This time, she won.


The husband then went to the Supreme Court, which refused to intervene. Ultimately, after two notices by the wife in a daily newspaper, he moved the trial court accusing the wife and the editor of the publication of defamation and seeking Rs 50 lakh.

While the trial court rejected the plea, the first appellate court asked the wife to pay Rs 2 lakh. This led to the present case before the Calcutta HC's circuit bench, where the woman claimed that her action had no intent to defame, it was only for the "good of the society".

The notice stated facts of the case along with a paragraph on how the woman, from a "reliable source," came to know that the husband was trying to marry another girl "contrary to law".

While the wife was penalised, the editor was let go. "The editor has no responsibility to check and verify each and every notice," it was stated.

The woman neither revealed the source of her information, nor could she name the girl whom she said her husband was going to marrty, the court said. "Defamation means the action of damaging the good reputation of someone... This (notices), according to a prudent man, is nothing but a statement degrading the goodwill or reputation of a person," stated Justice Supratim Bhattacharyya.

The court opined that the imposition of Rs 1 lakh as damages for defaming her husband is not an exorbitant amount, as she is a working woman. The husband works in the Port Blair Municipal Council, while the wife works with the Andaman PWD .